HB 0725 2004
1	A bill to be entitled
2	An act relating to human immunodeficiency virus (HIV)
3	infection testing of newborn infants; amending s. 384.31,
4	F.S.; requiring all newborn infants to be tested at the
5	time of delivery for HIV infection; providing for
6	notification to the mother of the infant's HIV test
7	results; requiring that information be provided to the
8	mother about medical and support services if the infant's
9	test results are positive; providing an exemption from
10	testing requirements based on the religious beliefs of the
11	parent or legal guardian; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 384.31, Florida Statutes, is amended to
16	read:
17	384.31 Serological testing of pregnant women and newborn
18	infants; duty of the attendant.--
19	(1) Every person, including every physician licensed under
20	chapter 458 or chapter 459 or midwife licensed under part I of
21	chapter 464 or chapter 467, attending a pregnant woman for
22	conditions relating to pregnancy during the period of gestation
23	and delivery shall take or cause to be taken a sample of venous
24	blood at a time or times specified by the department. Each
25	sample of blood shall be tested by a laboratory approved for
26	such purposes under part I of chapter 483 for sexually
27	transmissible diseases as required by rule of the department.
28	(2) At the time the venous blood sample is taken, testing
29	for human immunodeficiency virus (HIV) infection shall be
30	offered to each pregnant woman. The prevailing professional
31	standard of care in this state requires each health care
32	provider and midwife who attends a pregnant woman to counsel the
33	woman to be tested for human immunodeficiency virus (HIV).
34	Counseling shall include a discussion of the availability of
35	treatment if the pregnant woman tests HIV positive. If a
36	pregnant woman objects to HIV testing, reasonable steps shall be
37	taken to obtain a written statement of such objection, signed by
38	the patient, which shall be placed in the patient's medical
39	record. Every person, including every physician licensed under
40	chapter 458 or chapter 459 or midwife licensed under part I of
41	chapter 464 or chapter 467, who attends a pregnant woman who has
42	been offered and objects to HIV testing shall be immune from
43	liability arising out of or related to the contracting of HIV
44	infection or acquired immune deficiency syndrome (AIDS) by the
45	child from the mother.
46	(3) A venous blood sample shall be taken from every
47	newborn infant at the time of delivery and the blood sample
48	shall be tested for human immunodeficiency virus (HIV)
49	infection. Thereafter, the person ordering the test, or that
50	person's designee, shall ensure that all reasonable efforts are
51	made to notify the mother of her newborn infant's test result.
52	Notification to the mother of a positive test result must
53	include information on the availability of appropriate medical
54	and support services for the infant and on preventing the
55	transmission of HIV. This subsection does not apply if the
56	parent or legal guardian of any newborn infant objects in
57	writing that such testing is contrary to the religious tenets
58	and practices of said parent or legal guardian.
59	Section 2. This act shall take effect July 1, 2004.